Terms and Conditions
LeadStore Inc. ("Company", "us", or "we") is the owner and operator of the website http://smartersamples.com/ (the "Site"). The following Terms and Conditions ("Terms") establish a legally binding agreement between the Company and you as the user of the Site ("you"). These Terms govern your utilization of the services, and products offered on the Site ("Services").
By accessing or using any part of the Site or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, which include liability limitations. If you do not agree to these terms, you may not access or use the Site or any Services.
1. GENERAL TERMS
1.1 Eligibility:
To use the Site, individuals must meet a specific criterion of eligibility, which, in this case, is attaining the legal age of 18 years or older. This requirement ensures that users engaging with the Site are of an age considered mature enough to make legal decisions.
1.2 License to Use the Site:
Upon meeting the eligibility criteria, users are granted a specific set of permissions referred to as a "license." This license is contingent on the user's adherence to the stipulated Terms. The granted rights are:
Limited: Users receive access only to specific features outlined in the Terms.
Non-exclusive: The permission is not exclusive, allowing LeadStore Inc., to grant similar rights to other users.
Non-sublicensable: Users cannot grant sublicenses to others.
Non-transferable: The granted rights cannot be transferred to others.
Revocable: The Company reserves the right to revoke these permissions. This means that, at its discretion, we can withdraw the user's right to access the Site and use the Services.
Furthermore, the Company explicitly states its authority to monitor user usage to ensure compliance with the established Terms. This monitoring may involve observing how users interact with the Services to verify that their actions align with the agreed-upon terms.
1.3 Prohibited Conduct:
This section outlines the behaviors that are expressly forbidden in the use of the Site and Services. Users are explicitly instructed not to engage in activities such as unauthorized copying, commercial use, interference with technology, impersonation, unauthorized access attempts, and any actions that would violate laws or the rights of third parties. This establishes a clear boundary of acceptable behavior and emphasizes the Company’s commitment to ensuring responsible and legal use of its platform.
1.4 Privacy Policy:
Users are informed that the Company’s Privacy Policy, which details how personal data is collected and utilized, is an integral component of these Terms. This inclusion emphasizes the importance of understanding and agreeing to how personal information is handled while using the Site and Services. The Privacy Policy complements the Terms by providing users with comprehensive information about data privacy and security practices.
2. INTELLECTUAL PROPERTY
The Company asserts ownership or licensing rights over various components integral to the Site and Services. These components include:
2.1 Content:
This encompasses a broad range of materials such as text, notes, graphics, photos, sounds, music, videos, and interactivities, among others, collectively referred to as "Content."
2.2 Site Design:
The visual and structural design elements of the Site and Services fall under the category of "Site Design."
2.3 Technology:
This includes all software and other technological components employed to provide the functionality of the Site and Services.
2.4 Ownership and Usage Rights:
The Company makes it explicit that these intellectual property elements are either owned outright by us or are used under license. The ownership or licensing applies to the entirety of the Content, Site Design, and Technology.
2.5 Permissible Use:
Users are granted a specific set of permissions regarding the use of this intellectual property. The permissions are:
2.6 Limited:
Users are allowed to use the Content for their personal information and use only.
2.7 Restrictions:
The enumerated restrictions include refraining from using, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting the Content, Site Design, or Technology for any purposes beyond personal information and use.
2.8 Reservation of Rights:
The Company explicitly reserves all rights not expressly granted to users in relation to the Site, Content, Site Design, and Technology. This means that any rights not specifically mentioned as granted to users remain with the Company.
2.9 Absence of Ownership Rights:
The statement clarifies that using the Site and/or Services, despite the granted permissions, does not confer any ownership rights to users concerning the Content, Site Design, or Technology. Users are not acquiring proprietary rights or control over these intellectual property elements.
3. THIRD-PARTY
3.1 Third-party Content:
This section addresses the presence of content on the Site that originates from third-party sources, as well as the inclusion of links leading to external third-party websites. Key points include:
Content Source: The Site may showcase information, material, or media that is provided by entities other than the Company. This could include text, images, videos, or any other form of content.
Links to Third-party Websites: The Site may also contain hyperlinks or references directing users to external websites operated by third parties.
Non-Endorsement: Importantly, the Company explicitly states that it does not assume responsibility for the accuracy, relevance, or quality of third-party content featured on the Site. Additionally, the presence of links to third-party websites does not imply an endorsement or approval by the Company.
3.2 Third-party Services:
This section deals with the potential integration of services offered by third-party entities directly through the Site. Key points to note include:
Service Providers: Third-party entities may provide specific services to users through the Site. These services could range from applications, utilities, or other functionalities.
Additional Terms: Users engaging with these third-party services should be aware that additional terms and conditions may apply. These supplementary terms are specific to the services offered by the third party and are separate from LeadStore's own terms of use.
Limited Liability: LeadStore Inc. explicitly states that it is not liable for the actions, conduct, or services provided by third parties. This means that any issues, disputes, or concerns arising from the use of third-party services are not the responsibility of LeadStore Inc..
4. INFRINGEMENT
4.1 Infringement Notification:
This section underscores the Company’s commitment to respecting intellectual property rights and outlines the process for users to report potential infringements. Key points include:
Respect for Intellectual Property: The Company acknowledges the importance of intellectual property rights, including copyrights, and expresses a commitment to upholding these rights.
User Reporting: Users are encouraged and expected to report instances where they believe that content on the Site may be infringing on intellectual property rights. This reporting mechanism enables us to maintain a platform that respects the rights of content creators.
The Company Action: Upon receiving a valid infringement report, we reserve the right to take action. This action may involve the removal of content that is deemed to be infringing. The proactive stance indicates the Company’s dedication to addressing potential violations promptly.
4.2 Filing an Infringement Notification:
This section provides users with a clear process for filing an infringement notification. Key details include:
Designated Copyright Agent: The Company designates a specific individual or entity as its Copyright Agent. This is the point of contact for users to submit infringement notifications.
Submission Methods: Users are provided with two primary methods for submitting an infringement notification – via email or regular mail. This flexibility allows users to choose a convenient and efficient means of communication.
Specified Details: To ensure the effectiveness of the infringement notification, users are instructed to include specific details in their communication. This includes identifying the copyrighted work alleged to have been infringed, providing details about the allegedly infringing material, and including the user's contact information for clarification.
Legal Statements: The notification must also contain legal statements, such as a statement of good faith belief in the unauthorized use of copyrighted material and a statement made under penalty of perjury regarding the accuracy of the information provided.
5. DISCLAIMERS
5.1 Use of Site at Your Own Risk:
The Company does not guarantee uninterrupted, error-free, or secure Site use. The Site is provided "as is," and we are not responsible for third-party content or services.
5.2 No Responsibility for Third-party Materials:
The Company is not liable for third-party products or services advertised on the Site, and users assume the risk of harm from such services.
6. INDEMNITY
This section outlines the indemnification obligations of the user and their responsibility to defend and hold harmless the Company and its associated parties from certain claims, damages, losses, and liabilities. Key points include:
6.1 User's Indemnification Obligation:
Users of the Site agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, agents, and representatives (referred to as the "Indemnified Parties"). This obligation extends to any and all claims, damages, losses, liabilities, and expenses, including reasonable attorney’s fees.
6.2 Scope of Indemnity:
Violations of Terms: Users are required to indemnify the Indemnified Parties against claims alleging violations of the Terms outlined in the agreement.
Bodily Injury or Property Damage: The indemnification obligation covers claims related to bodily injury, death, property damage, or other damages arising from the user's or a third party’s use or misuse of any product or services obtained or used by the user from the Site.
Control of Claims: The Company, at its sole discretion, may control the disposition of any claims that trigger the indemnification obligation. This includes the right to manage the defense, settlement, or resolution of such claims, and the user is obligated to bear the associated costs.
No Unauthorized Settlement: Users are generally prohibited from settling any claim that triggers the indemnification obligation without the express written consent of the Company.
7. TERMINATION
7.1 Term:
These Terms are effective until terminated by the Company, which may modify or discontinue the Site or Services at any time without notice.
7.2 Modification and Termination:
The Company may modify or terminate the Site, Services, or user access for any reason.
7.3 Effect of Termination:
If users terminate their account or are denied access, they remain liable for prior Site use under these Terms.
8. DISPUTES
8.1 Jurisdiction:
Disputes related to Site use fall under the exclusive jurisdiction of state or federal courts in Pennsylvania, governed by United States federal law and the laws of Pennsylvania.
8.2 Applicable Law:
Pennsylvania law governs all matters related to Site use.
8.3 Attorney's Fees and Costs:
The prevailing party in disputes is entitled to attorney's fees and costs.
8.4 Class Action Waiver:
Users agree to bring claims individually and not as part of a class action against the Company.
9. MISCELLANEOUS
9.1 No Waiver:
No waiver of any term of the Terms will be binding unless in writing. The failure of the Company to exercise or enforce any right or remedy does not waive that right or remedy.
9.2 Severability:
If a court finds any provision of these Terms invalid, the court should try to give effect to the parties’ intentions, and the other provisions of the Terms will remain in full force and effect.
9.3 Entire Agreement:
These Terms constitute the entire agreement between the user and the Company, governing the use of the Site, services, and products. They supersede any prior agreements on the same subject matter.
9.4 Assignment
Users cannot assign or delegate their rights or licenses under these Terms. However, we can assign or delegate its rights or licenses without restriction.
9.5 Binding Effect:
The Terms bind and inure to the benefit of each party and their successors and permitted assigns.
9.6 No Oral Modifications:
Any modifications to these Terms must be in writing and not made through oral statements.
9.7 Compliance with Laws:
Users agree to comply with all applicable laws in their use of the Site and services.
9.8 Electronic Form Agreement
Agreements made electronically are as legally binding as those made in physical written form.
10. Notices and Electronic Communications
10.1 Consent to Electronic Communication:
Users consent to receiving and transacting with the Company electronically. Notice may be delivered by email, posting on the Site, or other methods chosen by the Company.
If you have any questions, please reach out to us at [email protected].